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Committee moves repeal of obsolete Capital Crimes Defense Fund to floor

Senate Judiciary & Rules Committee · February 9, 2026
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Summary

The committee voted to send S 1248 to the Senate floor to repeal Idaho Code § 19-5809, which established a county-pooled Capital Crimes Defense Fund no longer needed after state-level assumption of public defense; members asked whether any residual funds remained.

Chairman Lakey introduced S 1248 on Feb. 9, 2026, explaining the bill repeals Idaho Code § 19-5809, the statute that created the Capital Crimes Defense Fund (CCDF), a county-pooled mechanism previously used to help meet the high cost of capital-case defense.

Chairman Lakey told the committee the fund was rendered obsolete after the State assumed responsibility for public defense. Senator Wintrow asked whether any funds remained in the CCDF; Chairman Lakey replied it was believed remaining funds had likely been distributed and that counties neither currently contributed to nor retained funds for the CCDF.

Senator Ruchti moved to send S 1248 to the floor with a do-pass recommendation; Senator Keyser seconded and the motion carried by voice vote.